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Searching 2021-2022 Session

The Vermont Statutes Online

 

Title 7: Alcoholic Beverages, Cannabis, and Tobacco

Chapter 035: MEDICAL CANNABIS REGISTRY

  •  [Section 951 effective March 1, 2022.]

    § 951. Definitions

    As used in this chapter:

    (1) "Board" means the Cannabis Control Board.

    (2) "Cannabis" has the same meaning as provided in section 831 of this title.

    (3) "Cannabis product" has the same meaning as provided in section 831 of this title.

    (4) "Dispensary" means a business organization licensed pursuant to chapter 37 of this title or 18 V.S.A. chapter 86.

    (5)(A) "Health care professional" means an individual licensed to practice medicine under 26 V.S.A. chapter 23 or 33, an individual licensed as a naturopathic physician under 26 V.S.A. chapter 81, an individual certified as a physician assistant under 26 V.S.A. chapter 31, or an individual licensed as an advanced practice registered nurse under 26 V.S.A. chapter 28.

    (B) This definition includes individuals who are professionally licensed under substantially equivalent provisions in New Hampshire, Massachusetts, or New York.

    (6) "Immature cannabis plant" means a female cannabis plant that has not flowered and that does not have buds that may be observed by visual examination.

    (7) "Mature cannabis plant" means a female cannabis plant that has flowered and that has buds that may be observed by visual examination.

    (8) "Qualifying medical condition" means:

    (A) cancer, multiple sclerosis, positive status for human immunodeficiency virus, acquired immune deficiency syndrome, glaucoma, Crohn's disease, Parkinson's disease, or the treatment of these conditions, if the disease or the treatment results in severe, persistent, and intractable symptoms;

    (B) post-traumatic stress disorder, provided the Department confirms the applicant is undergoing psychotherapy or counseling with a licensed mental health care provider; or

    (C) a disease or medical condition or its treatment that is chronic, debilitating, and produces one or more of the following intractable symptoms: cachexia or wasting syndrome, chronic pain, severe nausea, or seizures.

    (9) "Registry" means the Vermont Medical Cannabis Registry. (Added 2019, No. 164 (Adj. Sess.), § 9, eff. March 1, 2022.)

  •  [Section 952 effective March 1, 2022.]

    § 952. Registry

    (a) The Board shall establish and manage the Vermont Medical Cannabis Registry for the purpose of allowing persons with qualifying medical conditions and their caregivers to obtain privileges regarding cannabis and cannabis product possession, use, cultivation, and purchase.

    (b) A person who is a registered patient or a registered caregiver on behalf of a patient may:

    (1) Cultivate not more than two mature and seven immature cannabis plants. Any cannabis harvested from the plants shall not count toward the two-ounce possession limit in subdivision (2) of this subsection, provided it is stored in an indoor facility on the property where the cannabis was cultivated and reasonable precautions are taken to prevent unauthorized access to the cannabis.

    (2) Possess not more than two ounces of cannabis.

    (3) Purchase cannabis and cannabis products at a licensed medical cannabis dispensary. Pursuant to chapter 37 of this title, a dispensary may offer goods and services that are not permitted at a cannabis establishment licensed pursuant to chapter 33 of this title.

    (c)(1) Individual names and identifying information about patients and caregivers on the Registry are exempt from public inspection and copying under the Public Records Act and shall be kept confidential. Notwithstanding 1 V.S.A. § 317(e), the Public Records Act exemption created in this subsection shall continue in effect and shall not be repealed through operation of 1 V.S.A. § 317(e).

    (2) In response to a person-specific or property-specific inquiry by a law enforcement officer or agency made in the course of a bona fide investigation or prosecution, the Board may verify the identities and registered property addresses of the registered patient and the patient's registered caregiver. The law enforcement officer or agency shall keep confidential any identities and addresses received pursuant to this subdivision.

    (d) The Board shall establish an application process through rulemaking. The Board shall approve or deny the application for registration in writing within 30 days from receipt of a completed registration application. (Added 2019, No. 164 (Adj. Sess.), § 9, eff. March 1, 2022.)

  •  [Section 953 effective March 1, 2022.]

    § 953. Patients

    (a) Pursuant to rules adopted by the Board, a person may register with the Board to obtain the benefits of the Registry as provided in section 952 of this title.

    (b) An application by a person under 18 years of age shall be signed by both the applicant and the applicant's parent or guardian. (Added 2019, No. 164 (Adj. Sess.), § 9, eff. March 1, 2022.)

  •  [Section 954 effective March 1, 2022.]

    § 954. Caregivers

    (a) Pursuant to rules adopted by the Board, a person may register with the Board as a caregiver of a registered patient to obtain the benefits of the Registry as provided in section 952 of this title.

    (b)(1) The Board shall adopt rules that set forth standards for determining whether an applicant should be denied a caregiver card because of his or her criminal history record. An applicant shall not be denied solely on the basis of a criminal conviction that is not listed in 13 V.S.A. chapter 25 or 28.

    (2) The Board shall obtain from the Vermont Crime Information Center a copy of the caregiver applicant's fingerprint-based Vermont criminal history records, out-of-state criminal history records, and criminal history records from the Federal Bureau of Investigation.

    (c) The Board shall adopt rules that set forth standards for determining whether an applicant should be denied a cannabis establishment license because of his or her criminal history record

    (d)(1) Except as provided in subdivision (2) of this subsection, a caregiver shall serve only one patient at a time, and a patient shall have only one registered caregiver at a time. A patient may serve as a caregiver for one other patient.

    (2) A patient who is under 18 years of age may have two caregivers. (Added 2019, No. 164 (Adj. Sess.), § 9, eff. March 1, 2022.)

  •  [Section 955 effective March 1, 2022.]

    § 955. Registration; fees

    (a) A registration card shall expire one year after the date of issuance. A patient or caregiver may renew the card according to protocols adopted by the Board.

    (b) The Board shall charge and collect fees for annual registration for patients and caregivers. Fees shall be deposited in the Cannabis Regulation Fund as provided in section 845 of this title. (Added 2019, No. 164 (Adj. Sess.), § 9, eff. March 1, 2022.)

  •  [Section 956 effective June 1, 2021.]

    § 956. Rulemaking

    The Board shall adopt rules for the administration of this chapter. No rule shall be more restrictive than any rule adopted by the Department of Public Safety pursuant to 18 V.S.A. chapter 86. (Added 2019, No. 164 (Adj. Sess.), § 9, eff. June 1, 2021.)